At courthouse, father of missing Fitchburg boy seeks answers

FITCHBURG — Jose Oliver was disappointed as he walked from a Fitchburg courtroom Tuesday after his wife and her boyfriend were allowed to stay hidden during their dangerousness hearings.

“I wish I could have seen his face,” the father of missing 5-year-old Jeremiah Oliver said about Alberto L. Sierra Jr., who is charged with abusing Jeremiah's mother and her children.

Mr. Sierra, 23, was allowed to remain in a hallway outside the courtroom during the dangerousness hearing.

After the hearing, he was ordered held without bail by Judge Margaret Guzman, who ruled he was too dangerous to be released. He is facing two counts of assault and battery with a dangerous weapon (a knife), and two counts of assault and battery on a child causing bodily injury. His girlfriend's son, Jeremiah, has been missing since September. Mr. Sierra's case has been continued to Jan. 24.

Judge Guzman did not find the same level of dangerousness for Elsa Oliver, 28, the boy's mother.

Ms. Oliver was also allowed to remain out of sight in the courtroom during her dangerousness hearing. Cash bail of $100,000 was set in her case. Judge Guzman said that although she set bail in Ms. Oliver's case, she will not be bailed until she completes a mental health evaluation. Ms. Oliver will not be released on bail unless a contempt of court ruling in juvenile court is cleared up. She is being held without bail by Fitchburg Juvenile Court.

She had been ordered by the Juvenile Court to produce her son, and has failed to do so.

In court, Judge Guzman said much of the testimony in the dangerousness hearings was impounded. In Mr. Sierra's case, she said there was overwhelming evidence to support a ruling that he was dangerous and should be held without bail. She said there were no conditions that would sufficiently protect the interests of the victims and their families if he was released on bail. She said he posed a risk to himself and others.

In Ms. Oliver's case, Judge Guzman said that what she has seen does not lead her to believe Ms. Oliver is dangerous enough to be held without bail.

Assistant District Attorney Cheryl Riddle asked the judge to reconsider, but the ruling stood.

If Ms. Oliver does make bail, Judge Guzman said, she is to be monitored with a GPS device and must have daily contact with the Probation Department.

James Gavin Reardon Jr., Ms. Oliver's attorney, said that although he has spent an extensive amount of time with his client she has spoken little and given him no useful information he could use in her defense.

"She has a very flat affect," he said. "She doesn't seem to understand what is going on."

Ms. Oliver is undergoing a forensic psychiatric evaluation at the Worcester Recovery Center and Hospital. Her evaluation was continued until Jan. 10. Once the evaluation is complete she will face charges of assault with a dangerous weapon, a belt, two counts of reckless endangerment of a child and two counts of being an accessory after the fact of a felony, assault and battery with a dangerous weapon.

A large police presence was at the courthouse this morning prior to the hearings. Fitchburg Deputy Police Chief Philip Kearns said police were there to make sure there were no confrontations. The deputy chief, Fitchburg Police Chief Robert DeMoura and several Fitchburg and state police officers positioned inside and outside the building. There were no incidents.

After meeting for about an hour with police and representatives of the district attorney's office, Jose Oliver, who lives in New Britain, Conn., and his brother Sandrino Oliver, of Worcester, met briefly with reporters on the front steps of the courthouse. He said he is satisfied with police efforts to find his son and urged people to stop posting misinformation in social media or making inaccurate statements to the news media.

"The cops are doing a good job," he said. "Let them do their job. I just want to find my son. That is all."

Mr. Oliver said another search for his son is planned for 10 a.m. Saturday in areas that were not searched last week.

Mr. Oliver's brother Sandrino repeated that police were doing a good job and anyone with information on the case should contact Fitchburg or state police.

Only a small crowd attended the court hearings. Those there included friends and members of Elsa Oliver's family. They declined to comment.

Several members of Jose Oliver's family and friends and supporters also attended.

Edward Valcourt, Jeremiah's cousin, said he was unhappy that Mr. Sierra or Ms. Oliver were not made to say where the missing child is.

"The first question that should have been asked is where is that little boy," he said. "If they don't want to give up the kid they should be tried for murder."

Mr. Valcourt said it is time for them to say where the child is.

"They need to man up. The woman needs to woman up and say where he is," he said.

Mr. Valcourt said the lives of his family have been changed by the loss of the child.

"Nothing's ever going to be the same until they find him," he said.

Candace Perales of Fitchburg, who created a Facebook page with Lisa Matos of Lowell to exchange information about the missing child, and as a way for people to express their concern, said she was also disappointed the two were not in court and Ms. Oliver only nodded her assent when asked by the judge if she minded being kept out of sight during the hearing.

"She just shook her head," she said. "And no one is saying where the boy is."

Contact George Barnes at george.barnes@telegram.com. Follow him on Twitter @georgebarnesTG